Title 15, CIVIL PROCEDURE

15-6-13(b) Permissive counterclaims. 15-6-13(c) Counterclaim exceeding opposing claim. 15-6-13(d) Counterclaim against the State of South Dakota. 15-6-13(e) Counterclaim maturing or acquired after pleading. 15-6-13(f) Omitted counterclaim. 15-6-13(g) Cross-claim against co-party.…

15-6-14(b) When plaintiff may bring in third party.

15-6-15(b) Amendments to conform to the evidence. 15-6-15(c) Relation back of amendments to pleadings. 15-6-15(d) Supplemental pleadings. 15-6-16 Pretrial procedure--Formulating issues.

Prior to the trial of any action, the court, either on its own motion or the motion of any party, shall, after consulting with the attorneys for the parties and any unrepresented parties, enter a scheduling order that limits the time: (1) To join other parties and to amend the pl…

15-6-17(b) Capacity to sue or be sued. 15-6-17(c) Representation of minors or incompetent persons.

15-6-18(b) Joinder of remedies--Fraudulent conveyances.

15-6-19(b) Determination by court whenever joinder not feasible. 15-6-19(c) Pleading reasons for nonjoinder. 15-6-19(d) Exception of class actions.

There shall be one form of action to be known as a "civil action." The distinction between actions at law and suits in equity, and the forms of all such actions and suits, are abolished in this state. Source: SDC 1939 & Supp 1960, § 33.0101; SD RCP, Rule 2, as adopted by Sup. Ct.…

15-6-20(b) Separate trials. 15-6-21 Misjoinder and nonjoinder of parties. 15-6-22 Interpleader.

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded w…

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several clai…

15-6-23.2 Actions relating to unincorporated associations. 15-6-23(a) Prerequisites to a class action. 15-6-23(b) Class actions maintainable. 15-6-23(c) Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions. 1…

In a derivative action brought by one or more members to enforce a right of an unincorporated association, the association having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege (1) That the plaintiff was a member a…

An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and…

15-6-24(b) Permissive intervention. 15-6-24(c) Procedure for intervention.

15-6-25(a) Death of party. 15-6-25(b) Incompetency of party. 15-6-25(c) Transfer of party's interest. 15-6-25(d) Officer as party--Death or separation from office. 15-6-25(e) Judgment for possession of real property--Successor in interest--Revival.

If a party is dismissed or dropped from a multiparty civil action by order of the court, the name of the dismissed or dropped party may not appear on subsequent pleadings. Source: SL 1989, ch 174 . 15-6-26 . Discovery pending action 15-6-26(a). Discovery methods. Parties may obta…

15-6-26(b) Scope of discovery. 15-6-26(c) Protective orders. 15-6-26(d) Sequence and timing of discovery. 15-6-26(e) Supplementation of responses. 15-6-26(f) 15-6-26(f) . Superseded

15-6-27(b) Depositions pending appeal. 15-6-27(c) Perpetuation of testimony by action.

15-6-28.2 Definitions. 15-6-28.3 Issuance of subpoena for interstate depositions and discovery. 15-6-28.4 Service of subpoena for interstate depositions and discovery. 15-6-28.5 Deposition, production, inspection, witness fees, expenses, place of examination, attendance where req…

Sections 15-6-28.1 to 15-6-28.6 , inclusive, shall govern depositions and discovery conducted in South Dakota in connection with a civil lawsuit brought in another state. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.

In §§ 15-6-28.1 to 15-6-28.6 , inclusive: (1) "Foreign jurisdiction" means a state other than this state. (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) "Person" means an individual, corporation, business trust, …

(A) To request issuance of a subpoena under §§ 15-6-28.1 to 15-6-28.6 , inclusive, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under §§ 15-6-28.1 to 1…

A subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6 , inclusive, must be served in compliance with § 15-6-45(c). Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.

All other provisions of § 15-6-45 shall also apply to subpoenas issued under §§ 15-6-28.1 to

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6 , inclusive, must comply with the rules or laws of South Dakota and be submitted to the court in the county in which discovery …

If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions. Source: SDC 1939 & Supp 1960, § 36.0512; SD RCP, Rule 29, as adopted by Sup. Ct. Orde…

A civil action is commenced as provided in §§ 15-2-30 and 15-2-31 . Source: SD RCP, Rule 3, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. 15-6-4(a). Summons--Form. The summons shall be legibly subscribed by the plaintiff or his attorney and shall include th…

15-6-30(b) Notice of examination--General requirements--Special notice--Nonstenographic recording--Production of documents and things--Deposition of organization. 15-6-30(c) Examination and cross-examination--Record of examination--Oath--Objection. 15-6-30(d) Schedule and duratio…

15-6-31(b) Officer to take responses and prepare record. 15-6-31(c) Notice of filing. 15-6-31(d) 15-6-31(d) . Superseded

15-6-32(b) Objections to admissibility. 15-6-32(c) Effect of taking or using deposition. 15-6-32(d) Effect of errors and irregularities in depositions.

15-6-33(b) Scope--Use at trial. 15-6-33(c) Option to produce business records.

15-6-34(b) Procedure. 15-6-34(c) Persons not parties.

15-6-35(b) Report of examining physician.

15-6-36(b) Effect of admission.

15-6-37(b) Failure to comply with order. 15-6-37(c) Failure to disclose--False or misleading disclosure--Refusal to admit. 15-6-37(d) Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.

15-6-38(b) Demand for jury trial. 15-6-38(c) Specification of issues in demand for jury trial. 15-6-38(d) Waiver of jury trial.

15-6-39(b) Trial by the court. 15-6-39(c) Advisory jury and trial by consent.

15-6-40(b) 15-6-40(b) . Repealed by SL 1993, ch 386 15-6-40(c) Proceeding in absence of party.

15-6-41(b) Involuntary dismissal--Effect thereof. 15-6-41(c) Dismissal of counterclaim, cross-claim, or third-party claim. 15-6-41(d) Costs of previously dismissed action.

15-6-42(b) Separate trials.

15-6-43(b) 15-6-43(b) . Superseded 15-6-43(c) 15-6-43(c) . Superseded 15-6-43(d) Oath or affirmation. 15-6-43(e) Evidence on motions. 15-6-43(f) Interpreters.

15-6-44(a) Authentication of official records. 15-6-44(b) Proof of lack of official record. 15-6-44(c) Other proof of official record.

A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted …

15-6-45(b) Subpoena for production of documentary evidence. 15-6-45(c) Service of subpoena. 15-6-45(d) Subpoena for taking depositions--Place of examination. 15-6-45(e) 15-6-45(e) . Superseded 15-6-45(f) Failure to obey subpoena as contempt. 15-6-45(g) Nonresident of state served…

Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which …